West Bengal

StateCommission

IA/245/2020

Bengal Unitech Universal Infrastructure Pvt. Ltd. - Complainant(s)

Versus

Sri Mahboob Alam - Opp.Party(s)

Ms. Moumita Chakraborty

10 Dec 2021

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Interlocutory Application No. IA/245/2020
( Date of Filing : 05 Mar 2020 )
In
Complaint Case No. CC/1/2019
 
1. Bengal Unitech Universal Infrastructure Pvt. Ltd.
Regional office, Uniworld City Horizons, Tower-7, Unit no. 001 & 002, Action Area-III, Main Arterial Road, New Town, Rajarhat, Pin-700 156, P.S. New Town.
...........Appellant(s)
Versus
1. Sri Mahboob Alam
S/o Md. Badruddin, Greenwood Premium Aprt., Flat no.A/201, 2nd Floor, VIP Road, Kaikhali, Kolkata - 700 052.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT
 HON'BLE MRS. SAMIKSHA BHATTACHARYA MEMBER
 
PRESENT:
None appears
......for the Appellant
 Mr. Trambak Ghosh, Advocate for the Respondent 0
Dated : 10 Dec 2021
Final Order / Judgement

HON’BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT

          This Interlocutory application has been filed on behalf of the OP Bengal Unitech Universal Infrastructure Pvt. Ltd. i.e. the OP No.1 in C.C.1 of 2019 wherein a prayer has been made for suspension of the present proceeding being CC/1/2019 due to the order passed by the  Hon’ble Apex Court in Civil Appeal no.10856 of 2016, where the Hon’ble Apex Court passed the following order –

“ (vii)   Pending further orders of this Court, there shall be a moratorium against the institution of proceedings against Unitech Limited and its subsidiaries. The moratorium shall also extend to existing proceedings against the company as well as the enforcement of orders that may have been passed against the company ; (page 35)”

          In view of the said direction of the Hon’ble Apex Court the institution of the proceeding, continuation of existing proceeding and enforcement of any order against the OP is suspended and in view of the said order we are unable to proceed with the Complaint Case CC/1/2019.

          With the above observations this Interlocutory application stands disposed of.

 
 
[HON'BLE MR. JUSTICE ISHAN CHANDRA DAS]
PRESIDENT
 
 
[HON'BLE MRS. SAMIKSHA BHATTACHARYA]
MEMBER
 

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